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2025 DAILYLAW 140425 (ALL)

PUSHPA RAJPOOT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/4333/2025 · 2025-09-10

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4333 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Y.P. Yadav, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 347 of 2024, under Sections 420, 467, 468, 471, 323, 504, 506 I.P.C., registered at Police Station Para, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.07.2024 against the applicant and another person Reena Gupta stating that the applicant had assured to get the complainant a house allotted in Aasra Awas Scheme and had taken Rs.50,000/- from him, but the complainant was not allotted any house even after expiry of more than one year. When the complainant demanded return of the money from the applicant, the applicant as well as co-accused Reena Gupta abused him. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and she has been falsely implicated in the present case. The applicant's involvement in two other criminal cases has been disclosed in the affidavit filed in support of the bail application, in one of which she has been granted bail. It has also been submitted on behalf of the applicant that the co-accused Reena Gupta has been granted bail by means of an order dated 27.08.2025, Versus Counsel for Applicant(s) : Yamuna Prasad Yadav, Vishwajeet Singh Yadav Counsel for Opposite Party(s): G.A. Pushpa Rajpoot .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) passed by learned Sessions Judge, Lucknow. 5. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet dated 15.05.2025. 6. In the additional statement of the informant recorded by the Investigating officer he has stated that the applicant had taken Rs.25,000/- from him and handed the same over to co-accused Reena Gupta in his presence and Reena Gupta had given him the allotment letter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations have been levelled against the applicant and co-accused Reena Gupta and co- accused Reena Gupta has already been granted bail coupled with the fact that the applicant is a woman and she is languishing in jail since 05.04.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Pushpa Rajpoot be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 10, 2025 Ram. BAIL No. 4333 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench